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Section 8103 Of Article 9. Limited Entry Fisheries From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 1. >> Article 9.
8103
. (a) The Legislature finds and declares as follows:
(1) The accidental death of a limited entry permittee results in great hardships on the permittee's family.
(2) Under the law as it existed immediately prior to January 1, 1987, if a member of the permittee's family has not been actively working in the fishery, the limited entry permit could not be transferred to a member of the family, an action which deprives the family of the opportunity to continue to derive a livelihood from the fishery and which imposes greater hardships.
(3) When there is an accidental death of a limited entry permittee, a transition period is necessary to allow a family member to join the fishery and to become acclimated, knowledgeable, and experienced in the fishery.
(b) Notwithstanding Section 8102, the department shall transfer a permit for a limited entry fishery, upon application, to a parent, spouse, child, or sibling of a permittee whose death was the result of an accident which occurred after January 1, 1986.
(c) Application for the transfer of a permit pursuant to subdivision (b) shall be made on or before January 1, 1987, or not more than one year after the death of the permittee, whichever is later.
(d) The director may authorize another person, when requested by the new permittee, to serve in the place of the new permittee and to engage in fishing activities under the authority of the limited entry permit for not more than two years from the date of the permit transfer.
(e) "Accidental death" means death resulting directly and solely from any of the following:
(1) An accidental injury visible on the surface of the body or disclosed by an autopsy, sustained solely by external, violent, and accidental means.
(2) A disease or infection resulting directly from an accidental injury and beginning within 30 days after the date of the injury.
(3) An accidental drowning.
(1) The accidental death of a limited entry permittee results in great hardships on the permittee's family.
(2) Under the law as it existed immediately prior to January 1, 1987, if a member of the permittee's family has not been actively working in the fishery, the limited entry permit could not be transferred to a member of the family, an action which deprives the family of the opportunity to continue to derive a livelihood from the fishery and which imposes greater hardships.
(3) When there is an accidental death of a limited entry permittee, a transition period is necessary to allow a family member to join the fishery and to become acclimated, knowledgeable, and experienced in the fishery.
(b) Notwithstanding Section 8102, the department shall transfer a permit for a limited entry fishery, upon application, to a parent, spouse, child, or sibling of a permittee whose death was the result of an accident which occurred after January 1, 1986.
(c) Application for the transfer of a permit pursuant to subdivision (b) shall be made on or before January 1, 1987, or not more than one year after the death of the permittee, whichever is later.
(d) The director may authorize another person, when requested by the new permittee, to serve in the place of the new permittee and to engage in fishing activities under the authority of the limited entry permit for not more than two years from the date of the permit transfer.
(e) "Accidental death" means death resulting directly and solely from any of the following:
(1) An accidental injury visible on the surface of the body or disclosed by an autopsy, sustained solely by external, violent, and accidental means.
(2) A disease or infection resulting directly from an accidental injury and beginning within 30 days after the date of the injury.
(3) An accidental drowning.
